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HomeMy WebLinkAboutAgenda - Mail Packet - 2/19/2019 - Legislative Review Committee Agenda - February 20, 2019City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda February 20, 2019 4:00-5:00 Council Information Center, City Hall, 300 LaPorte Ave., Building A 1. Approval of minutes from February 6, 2019 Meeting Attached: February 6, 2019 Minutes 2. Agenda Review 3. Bill Review • CML highlights of new/killed bills and updates on ones already discussed • Attorney highlights, if any • CC4CA or CAMU highlights, if any Attached: Bill tracker and dossier of 2019 followed bills. Updated tracker will be provided at the meeting and can always be accessed here: 27TUhttps://www.statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=2652 2&pk=583U27T 4. Other business • Legislative lunch –April 3, 2019 at CML Legislative Review Committee Meeting Minutes February 6, 2019, 4:00 p.m. Council Information Center, 300 Laporte Ave Councilmembers Present: Ray Martinez, Ken Summers, Ross Cunniff Staff Present: Ginny Sawyer, Carrie Daggett, Jeanne Sanford, John Phelan, Lindsay Ex, Molly Saylor Public Present: Kate Plymale Meeting convened at 4:05 p.m. UApproval of Minutes from January 23, 2019 Meeting Councilmember Martinez moved to approve the minutes from the January 23rd meeting. Councilmember Summers seconded. Motion passed 2-0. UAgenda Review CML Municipal Caucus highlights. UBill Review CML Highlights: Bill # Position Comments HB-1009: Support Sober Living Homes: Proposed licensing by CDPHE; some concerns around the cost of the license; trying not to be too prescriptive (our code currently has standards for group homes.) HB-1018 Oppose Unclaimed Property: Has been PI’d; there is a new bill (SB-088) addressing this while maintaining a local opt-out. HB-1037 Monitor Energy Impact Assistance: Does not apply to municipal utilities HB-1076 Monitor Clean Indoor Air Act/Add e-cigarettes: Sen. Ginal sent to Councilmember Summers; Concerns that it didn’t address sales to minor. HB-1086 Oppose Plumbing Inspections: Working with CML to continue to oppose and provide additional information. HB-1096 Oppose Right to Rest: Will be PI’d – no need to testify on this bill. HB-1099 Oppose Red Light Camera: Tracking and working to get someone to testify. HB-1119 Oppose Internal Investigation/Open Records: CML is working on amendments that may be able to allow the City to move to a monitor position; significant changes are being made. SB-034 Monitor Standards for Food Containers: New bill-Straws Upon Request (not unlike SB- 034) has come forward (HB-1143.) CML will continue to push for a broader bill that provides more local control; Discussed whether there is more plastic in a plastic bag around newspapers than in a plastic straw and what is most beneficial to the environment; LRC discussed support for the CML’s broader intent. SB-077 Monitor Electric Vehicles/Public Utility: Specific to Investor-Owned Utilities; does not apply to Fort Collins; if Fort Collins was seeking to do something similar, we would work with Council on these policies Draft Bill being drafted to define e-scooters; currently defined as toys and not allowed in the road; only on the sidewalk; more information forthcoming. Attorney Highlights: City Attorney’s Office (CAO) indicated the bills of interest had largely been discussed; the other bill they are watching is a bill related to telecommunications easements and telecommunications infrastructure (SB-107). Noted there are potential defects in the bill that should be monitored. CC4CA Highlights: Bill # Position Comments HB-1159 Support Modify Innovative Motor Vehicle Income Tax Credits: extends existing levels of CO tax credits; No change to vehicle definitions or amounts. Discussion around embodied emissions from production versus ongoing operations. HB-1165 Monitor On-site wind turbine manufacturing property tax exemption: Change Fort Collins position to support. SB-096 Support Collect Long-term climate data: Requires state to complete an inventory on an annual basis instead of every five years; How does this relate to the data that we already have? Would increase the frequency of the data we receive the state; also includes Colorado-specific data in their inventory; Would it capture air travel? Staff’s understanding is yes. Annual inventory would also allow us to correlate with changes in the economy. Three bills that have not been introduced (1) Energy Code Update Act – require communities to update to one of the two most recent code versions; noted that there has been a request for Fort Collins to support this bill. (2) Appliance Efficiency Standards Act – does have a Sponsor but has not been introduced. (3) Department of Energy Zero Energy Ready Home Standards for the Low- Income Housing Tax Credit – requiring more efficient homes in low-income housing. UOther Business Legislative lunch with Fort Collins Representatives – Tentative date was March 27 and it was noted that Councilmember Martinez is out of town on this date. Ginny will look at April 3P rd P as a potential option and discussed other potential locations. The next LRC meeting is scheduled for Wednesday, February 20P th P. Noted Councilmember Summers will not be in attendance. Meeting adjourned at 4:57 p.m. 2019 City of Fort Collins Followed Bills Bill # Position Calendar Noti cation Short Title Sponsors Most Recent Status HB19- 1003 Support NOT ON CALENDAR Community Solar Gardens Modernization Act C. Hansen 1/17/2019 House Committee on Energy & Environment Refer Amended to Appropriations HB19- 1009 Support Friday, February 15 2019 Public Health Care & Human Services Upon Adjournment Room 0107 (3) in house calendar. Substance Use Disorders Recovery C. Kennedy | J. Singer / K. Priola | B. Pettersen 1/4/2019 Introduced In House - Assigned to Public Health Care & Human Services + Appropriations HB19- 1018 Oppose NOT ON CALENDAR End Local Government Opt Out Of Unclaimed Property Act R. Bockenfeld 2/5/2019 House Committee on Transportation & Local Government Postpone Inde nitely HB19- 1025 Monitor NOT ON CALENDAR Limits On Job Applicant Criminal History Inquiries J. Melton | L. Herod 1/29/2019 House Committee on Judiciary Refer Amended to Appropriations HB19- 1033 Monitor Thursday, February 14 2019 SENATE HEALTH & HUMAN SERVICES COMMITTEE 1:30 PM LSB-B (2) in senate calendar. Local Governments May Regulate Nicotine Products K. Tipper | C. Kennedy / R. Fields | K. Priola 2/7/2019 Introduced In Senate - Assigned to Health & Human Services HB19- 1035 Support NOT ON CALENDAR Remove Fee Cap Electrical Inspection Local Government Higher Education J. Rich | D. Roberts / R. Woodward | J. Ginal 2/4/2019 Introduced In Senate - Assigned to Local Government HB19- 1037 Monitor Thursday, February 14 2019 GENERAL ORDERS - 1096 Transportation & Local Government Upon Adjournment Room 0112 (1) in house calendar. Transportation & Local Government HB19- 1099 Oppose Wednesday, February 20 2019 Transportation & Local Government 1:30 p.m. Room 0112 (2) in house calendar. Eliminate Red Light Cameras S. Humphrey | J. Melton 1/14/2019 Introduced In House - Assigned to Transportation & Local Government HB19- 1119 Oppose Tuesday, February 19 2019 Judiciary 1:30 p.m. Room 0112 (2) in house calendar. Peace Of cer Internal Investigation Open Records J. Coleman 1/16/2019 Introduced In House - Assigned to Judiciary HB19- 1159 Support Monday, February 25 2019 Energy & Environment 1:30 p.m. Room 0112 (1) in house calendar. Modify Innovative Motor Vehicle Income Tax Credits S. Jaquez Lewis | M. Gray / J. Danielson 1/29/2019 Introduced In House - Assigned to Energy & Environment + Finance HB19- 1165 Monitor NOT ON CALENDAR On-site Wind Turbine Manufacturing Property Tax Exemption R. Pelton / K. Donovan | D. Hisey 2/11/2019 House Committee on Energy & Environment Postpone Inde nitely SB19- 006 Support NOT ON CALENDAR Electronic Sales And Use Tax Simpli cation System A. Williams / T. Kraft-Tharp | K. Van Winkle 2/11/2019 House Committee on Finance Refer Amended to Appropriations SB19- 008 Support NOT ON CALENDAR Substance Use Disorder Treatment In Criminal Justice System K. Priola | B. Pettersen / C. Kennedy | J. Singer SB19- 085 Monitor Wednesday, February 20 2019 SENATE JUDICIARY COMMITTEE 1:30 PM SCR 352 (1) in senate calendar. Equal Pay For Equal Work Act J. Danielson | B. Pettersen / J. Buckner | S. Gonzales- Gutierrez 1/17/2019 Introduced In Senate - Assigned to Judiciary SB19- 096 Support NOT ON CALENDAR Collect Long-term Climate Change Data K. Donovan / C. Hansen 1/23/2019 Introduced In Senate - Assigned to Transportation & Energy List of 2019 City of Fort Collins Followed Bills HB19-1003 Community Solar Gardens Modernization Act Comment: Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Community Solar Gardens Modernization Act Sponsors: C. Hansen Summary: The bill amends the current statute authorizing the creation of community solar gardens (CSGs) by:  Increasing the maximum size of a CSG from 2 megawatts to 10 megawatts; and  Removing the requirement that a CSG subscriber's identified physical location be in the same county as, or a county adjacent to, that of the CSG, while retaining the requirement that it be within the service territory of the same electric utility. (Note: This summary applies to this bill as introduced.) Status: 1/4/2019 Introduced In House - Assigned to Energy & Environment 1/17/2019 House Committee on Energy & Environment Refer Amended to Appropriations Fiscal Notes: Fiscal Note Bill Version: Pre-Amended HB19-1009 Substance Use Disorders Recovery Comment: Position: Support Calendar Notification: Friday, February 15 2019 Public Health Care & Human Services Upon Adjournment Room 0107 (3) in house calendar. Short Title: Substance Use Disorders Recovery Sponsors: C. Kennedy | J. Singer / K. Priola | B. Pettersen Summary: Opioid and Other Substance Use Disorders Study Committee. The bill:  Expands the housing voucher program currently within the department of local affairs to include individuals with a substance use disorder and appropriates $4.3 million each of the next 5 fiscal years to support the program ( section 1 );  Requires each recovery residence operating in Colorado to be licensed by the department of public health and environment ( section 2 ); and  Creates the opioid crisis recovery fund for money the state receives as settlement or damage awards resulting from opioid-related litigation ( section 3 ). (Note: This summary applies to this bill as introduced.) Status: 1/4/2019 Introduced In House - Assigned to Public Health Care & Human Services + Appropriations Fiscal Notes: Fiscal Note Bill Version: Introduced HB19-1018 End Local Government Opt Out Of Unclaimed Property Act Comment: Position: Oppose Calendar Notification: NOT ON CALENDAR Short Title: End Local Government Opt Out Of Unclaimed Property Act Sponsors: R. Bockenfeld Summary: Currently, if a local government enacts a local law related to the disposition of abandoned intangible property it holds for an owner and the local law is inconsistent with the requirements of the "Unclaimed Property Act" (act), then the local law controls the disposition of the property. Sections 2 and 4 of the bill eliminate this exception effective September 1, 2019, so that a local government is required to comply with the act like any other holder of abandoned intangible property. Section 3 requires a local government that holds intangible property that was previously exempt from the act to pay or deliver the property to the administrator on or before January 1, 2020. Section 1 specifies that a county's discretionary power to dispose of abandoned personal property acquired by an elected official or county employee only applies to tangible personal property and does not apply to intangible property, which is subject to the act. (Note: This summary applies to this bill as introduced.) Status: 1/4/2019 Introduced In House - Assigned to Transportation & Local Government + Finance 2/5/2019 House Committee on Transportation & Local Government Postpone Indefinitely Fiscal Notes: Fiscal Note Bill Version: Introduced HB19-1025 Limits On Job Applicant Criminal History Inquiries Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Limits On Job Applicant Criminal History Inquiries Sponsors: J. Melton | L. Herod Summary: The bill prohibits employers from:  Advertising that a person with a criminal history may not apply for a position;  Placing a statement in an employment application that a person with a criminal history may not apply for a position; or  Inquiring about an applicant's criminal history on an initial application. An employer may obtain a job applicant's criminal history at any time. An employer is exempt from the restrictions on advertising and initial employment applications when:  The law prohibits a person who has a particular criminal history from being employed in a particular job;  The employer is participating in a program to encourage employment of people with criminal histories; or  The employer is required by law to conduct a criminal history record check for the particular position. The department of labor and employment is charged with enforcing the requirements of the bill and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action, and the bill does not create a protected class under employment anti-discrimination laws. The department is directed to adopt rules regarding procedures for handling complaints against employers. (Note: This summary applies to this bill as introduced.) Status: 1/4/2019 Introduced In House - Assigned to Judiciary 1/29/2019 House Committee on Judiciary Refer Amended to Appropriations Fiscal Notes: Fiscal Note Bill Version: Pre-Amended HB19-1033 Local Governments May Regulate Nicotine Products Comment: Position: Monitor Calendar Notification: Thursday, February 14 2019 SENATE HEALTH & HUMAN SERVICES COMMITTEE 1:30 PM LSB-B (2) in senate calendar. Short Title: Local Governments May Regulate Nicotine Products Sponsors: K. Tipper | C. Kennedy / R. Fields | K. Priola Summary: Sections 1, 2, and 4 of the bill authorize a county to enact a resolution or ordinance that prohibits a minor from possessing or purchasing cigarettes, tobacco products, or nicotine products. Sections 1 and 2 also authorize a county to impose regulations on cigarettes, tobacco products, or nicotine products that are more stringent than statewide regulations, including prohibiting sales to a person under 21 years of age, and section 4 expressly authorizes a county to enact a resolution or ordinance regulating the sale of cigarettes, tobacco products, or nicotine products to minors. Section 3 expressly authorizes a statutory or home rule city or town to enact an ordinance regulating the sale of cigarettes, tobacco products, or nicotine products to minors. From state income tax money, the state currently apportions an amount equal to 27% of state cigarette tax revenues to cities, towns, and counties in proportion to the amount of state sales tax revenues collected within their boundaries. In order to receive their allocation of this money, cities, towns, and counties are prohibited from imposing their own fees, licenses, or taxes on cigarette sales or from attempting to impose a tax on cigarettes. Section 5 removes this prohibition, thus allowing cities, towns, and counties to impose fees, licenses, or taxes on cigarette sales without losing their apportioned state cigarette tax revenues. Section 6 authorizes a statutory or home rule city or town or a county, if approved by a vote of the people within the statutory or home rule city or town or county, to impose a special sales tax on the sale of cigarettes, tobacco products, or nicotine products and provides a mechanism by which a county's special sales tax applies to a municipality within the boundary of the county unless the municipality, if approved by a vote of the people within the municipality, enacts its own such special sales tax; however, the county and municipality may then enter into an intergovernmental agreement authorizing the county to continue to levy, collect, and enforce its special sales tax within the corporate limits of the municipality. Section 7 makes a conforming amendment. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 1/4/2019 Introduced In House - Assigned to Health & Insurance 2/1/2019 House Committee on Health & Insurance Refer Amended to House Committee of the Whole 2/5/2019 House Second Reading Passed with Amendments - Committee 2/6/2019 House Third Reading Passed - No Amendments 2/7/2019 Introduced In Senate - Assigned to Health & Human Services Fiscal Notes: Fiscal Note Bill Version: Pre-Amended HB19-1035 Remove Fee Cap Electrical Inspection Local Government Higher Education Comment: Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Remove Fee Cap Electrical Inspection Local Government Higher Education Sponsors: J. Rich | D. Roberts / R. Woodward | J. Ginal Summary: Current law prohibits local governments and state institutions of higher education from charging more than 15% more than the state charges to perform an inspection of electrical work and limits the fee for a permit for a hot water heater load control device to no more than $10. The bill deletes this $10 cap, specifies that the 15% cap relates to fees as they existed on January 1, 2014, and subjects the permit fee to the adjusted 15% cap. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 1/4/2019 Introduced In House - Assigned to Transportation & Local Government 1/23/2019 House Committee on Transportation & Local Government Refer Amended to House Committee of the Whole 1/28/2019 House Second Reading Laid Over Daily - No Amendments 1/29/2019 House Second Reading Laid Over to 01/31/2019 - No Amendments 1/30/2019 House Second Reading Passed with Amendments - Committee 1/31/2019 House Third Reading Passed - No Amendments 2/4/2019 Introduced In Senate - Assigned to Local Government Fiscal Notes: Fiscal Note Bill Version: Pre-Amended HB19-1037 Colorado Energy Impact Assistance Act Comment: Position: Monitor Calendar Notification: Thursday, February 14 2019 GENERAL ORDERS - SECOND READING OF BILLS (27) in house calendar. Short Title: Colorado Energy Impact Assistance Act Sponsors: C. Hansen Summary: The bill, known as the "Colorado Energy Impact Assistance Act", authorizes any electric utility (utility) to apply to the public utilities commission (PUC) for a financing order that will authorize the utility to issue low-cost Colorado energy impact assistance bonds (bonds) to lower the cost to electric utility customers (ratepayers) when the retirement of a power plant occurs. A portion of bond proceeds will provide transition assistance for Colorado workers and communities directly affected by the retirement of the facilities (transition assistance). To repay the bonds at the lowest cost to ratepayers, the PUC is authorized to review and approve a financing order and authorize a special energy impact assistance charge that is separate and apart from the utility's base rates on all ratepayer bills. The establishment and ongoing adjustment of the separate charge will allow bonds to achieve the highest possible credit rating, at least AA/Aa2, from the national independent credit rating agencies and will therefore allow bonds to be issued at the lowest possible interest rate and lowest subsequent cost to ratepayers. Before issuing a financing order, the PUC must hold a public hearing, receive testimony from affected groups, and make specified determinations concerning the necessity, prudence, justness, reasonableness, and quantifiable benefits to utility ratepayers of issuing the financing order. After the public hearing process, if a financing order is approved by the PUC, it must include specific information and instructions for the utility to which it applies relating to the amount of bonds to be issued and the imposition of the energy impact assistance charge and must require the utility to pay a specified percentage of the net present value of the savings to a newly created Colorado energy impact assistance authority (authority) for the payment of transition assistance by the authority and the authority's reasonable and necessary administrative and operating costs. As an alternative to the financing order and bond issuance process, upon the closure of an electric generating facility, a Colorado electric utility may transfer to the authority an amount of up to 15% of the net present value of operational savings created by the closure of the electric generating facility, and such a transfer shall be deemed by the PUC to be a prudent action by the utility. The bill specifies that the authority is governed by a 7-member board of directors appointed by the governor and specifies mandatory and suggested occupational experience for the directors. The authority is authorized to receive bond proceeds from a utility to which a financing order applies and use the bond proceeds to provide transition assistance and pay its reasonable and necessary administrative and operating costs. Transition assistance is defined to include payment of retraining costs, including costs of apprenticeship programs and skilled worker retraining programs, for and financial assistance to directly displaced Colorado facility workers, compensation to Colorado local governments for lost property tax revenue directly resulting from the retirement of a facility, and similar payments, job retraining, assistance, and compensation for directly displaced Colorado workers and local governments in areas that produce fuel used in the retired facility directly resulting from the elimination of the need for fuel at the facility. The authority must disburse at least 50% of the transition assistance that it provides directly to Colorado workers. In addition, when determining how best to provide transition assistance to a local community, the authority must, in conjunction with each board of county commissioners, municipal governing body, and school district that includes all or a portion of the impacted community, establish and take into consideration the advice of a local advisory committee. The authority is subject to open meeting and open records requirements and is required to submit a report to specified committees of the general assembly that sets forth a complete and detailed financial and operating statement of the authority for any fiscal year for which the authority has provided transition assistance. (Note: This summary applies to this bill as introduced.) Status: 1/4/2019 Introduced In House - Assigned to Energy & Environment 2/11/2019 House Committee on Energy & Environment Refer Amended to House Committee of the Whole Fiscal Notes: Fiscal Note Bill Version: Pre-Amended HB19-1076 Clean Indoor Air Act Add E-cigarettes Remove Exceptions Comment: Position: Monitor Calendar Notification: Wednesday, February 20 2019 Health & Insurance 1:30 p.m. Room 0107 (2) in house calendar. Short Title: Clean Indoor Air Act Add E-cigarettes Remove Exceptions Sponsors: D. Michaelson Jenet | C. Larson / K. Priola | K. Donovan Summary: The bill amends the "Colorado Clean Indoor Air Act" by:  Adding a definition of "electronic smoking device" (ESD) to include e-cigarettes and similar devices within the scope of the act;  Citing the results of recent research on ESD emissions and their effects on human health as part of the legislative declaration;  Eliminating the existing exceptions for certain places of business in which smoking may be permitted, such as airport smoking concessions, businesses with 3 or fewer employees, designated smoking rooms in hotels, and designated smoking areas in assisted living facilities; and  Repealing the ability of property owners and managers to designate smoking and nonsmoking areas through the posting of signs. (Note: This summary applies to this bill as introduced.) Status: 1/11/2019 Introduced In House - Assigned to Health & Insurance Fiscal Notes: Fiscal Note Bill Version: Introduced HB19-1086 Plumbing Inspections Ensure Compliance Comment: Position: Oppose Calendar NOT ON CALENDAR Notification: Short Title: Plumbing Inspections Ensure Compliance Sponsors: M. Duran Summary: Current law requires plumbing inspectors employed by qualified state institutions of higher education to possess the same qualifications required of state plumbing inspectors. Section 1 of the bill requires the same of inspectors employed by an incorporated town or city, county, or city and county. Section 2 requires state plumbing inspectors or plumbing inspectors employed by the state, an incorporated town or city, county, city and county, or qualified state institution of higher education (entity) to conduct a contemporaneous review of each plumbing project inspected to ensure compliance with the plumbing law, including specifically licensure and apprentice requirements. However, each entity need not perform a contemporaneous review for each inspection of a project. Each entity shall develop standard procedures to advise inspectors on how to conduct a contemporaneous review. Each entity must post its standard procedures on its public website and provide the director of the division of professions and occupations within the department of regulatory agencies with a link to the web page on which the standard procedures have been posted. (Note: This summary applies to this bill as introduced.) Status: 1/14/2019 Introduced In House - Assigned to Business Affairs and Labor 1/14/2019 Introduced In House - Assigned to Business Affairs & Labor Fiscal Notes: Fiscal Note Bill Version: Introduced HB19-1096 Colorado Right To Rest Comment: Position: Oppose Calendar Notification: Tuesday, February 26 2019 Transportation & Local Government Upon Adjournment Room 0112 (1) in house calendar. Short Title: Colorado Right To Rest Sponsors: J. Melton Summary: The bill creates the "Colorado Right to Rest Act", which establishes basic rights for people experiencing homelessness, including but not limited to the right to rest in public spaces, to shelter themselves from the elements, to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have a reasonable expectation of privacy of their property. The bill prohibits discrimination based on housing status. The bill creates an exemption of the basic right to rest for people experiencing homelessness for any county, city, municipality, or subdivision that can demonstrate that, for 3 consecutive months, the waiting lists for all local public housing authorities contain fewer than 50 people. The bill allows the general assembly to appropriate money from the marijuana tax cash fund to the department of local affairs for the purpose of enabling governmental entities that do not meet the exemption requirement to reduce the housing waiting lists to fewer than 50 people for at least 6 months per year. The bill allows any person whose rights have been violated to seek enforcement in a civil action. (Note: This summary applies to this bill as introduced.) Status: 1/14/2019 Introduced In House - Assigned to Transportation & Local Government Fiscal Notes: Bill Version: Introduced HB19-1099 Eliminate Red Light Cameras Comment: Position: Oppose Calendar Notification: Wednesday, February 20 2019 Transportation & Local Government 1:30 p.m. Room 0112 (2) in house calendar. Short Title: Eliminate Red Light Cameras Sponsors: S. Humphrey | J. Melton Summary: The bill repeals the authorization for the state, a county, a city and county, or a municipality to use automated vehicle identification systems, including red light cameras, to identify violators of traffic regulations and issue citations based on photographic evidence and creates a prohibition on such activity. The bill repeals the authorization for the department of public safety to use an automated vehicle identification system to detect speeding violations within a highway maintenance, repair, or construction zone. (Note: This summary applies to this bill as introduced.) Status: 1/14/2019 Introduced In House - Assigned to Transportation & Local Government Fiscal Notes: Bill Version: Introduced HB19-1119 Peace Officer Internal Investigation Open Records Comment: Position: Oppose Calendar Notification: Tuesday, February 19 2019 Judiciary 1:30 p.m. Room 0112 (2) in house calendar. Short Title: Peace Officer Internal Investigation Open Records Sponsors: J. Coleman Summary: The bill makes an internal investigation file (file) of a peace officer for in-uniform or on-duty conduct that involves a member of the public subject to an open records request. The bill requires some information to be redacted before complying with the open records request. The bill allows the custodian of the file to first provide a summary of the file to the requester and then allows the requester access to the file after the requester has reviewed the summary. Under the bill, a custodian of a file in which there is an ongoing criminal case can deny inspection of the file. The file becomes open for inspection after all the charges are dismissed or the defendant is sentenced. (Note: This summary applies to this bill as introduced.) Status: 1/16/2019 Introduced In House - Assigned to Judiciary Fiscal Notes: Bill Version: Introduced HB19-1159 Modify Innovative Motor Vehicle Income Tax Credits Comment: Position: Support Calendar Notification: Monday, February 25 2019 Energy & Environment 1:30 p.m. Room 0112 (1) in house calendar. Short Title: Modify Innovative Motor Vehicle Income Tax Credits Sponsors: S. Jaquez Lewis | M. Gray / J. Danielson Summary: The bill modifies the amounts of and extends the number of available years of the existing income tax credits for the purchase or lease of an electric motor vehicle, a plug-in hybrid electric motor vehicle, and an original equipment manufacturer electric truck and plug-in hybrid electric truck. (Note: This summary applies to this bill as introduced.) Status: 1/29/2019 Introduced In House - Assigned to Energy & Environment + Finance Fiscal Notes: Fiscal Note Bill Version: Introduced HB19-1165 On-site Wind Turbine Manufacturing Property Tax Exemption Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: On-site Wind Turbine Manufacturing Property Tax Exemption Sponsors: R. Pelton / K. Donovan | D. Hisey Summary: For property tax years commencing on or after January 1, 2020, but before January 1, 2030, the bill exempts from property tax business personal property used to manufacture wind turbines or components of wind turbines at the site where the wind turbines will be placed into service. (Note: This summary applies to this bill as introduced.) Status: 1/30/2019 Introduced In House - Assigned to Energy & Environment + Finance + Appropriations 2/11/2019 House Committee on Energy & Environment Postpone Indefinitely Fiscal Notes: Fiscal Note Bill Version: Introduced SB19-006 Electronic Sales And Use Tax Simplification System Comment: Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Electronic Sales And Use Tax Simplification System Sponsors: A. Williams / T. Kraft-Tharp | K. Van Winkle Summary: Sales and Use Tax Simplification Task Force. The bill requires the office of information technology (office) and the department of revenue (department), within existing resources, to conduct a sourcing method in accordance with the applicable provisions of the procurement code, and any applicable rules, for the development of an electronic sales and use tax simplification system (system). The bill also requires the office and the department to involve stakeholders to develop the scope of work. The bill requires the general assembly to make any necessary appropriations for the initial funding and ongoing maintenance of the system from any net sales tax revenues that is credited to the general fund. The bill specifies that on and after the date the system is online the department is required to accept any returns and payments processed through the system for state sales and use tax and for any sales and use taxes that are collected by the department on behalf of any local taxing jurisdiction. The bill specifies that it is the general assembly's intent that a certain number of local taxing jurisdictions with home rule charters voluntarily use the system when the system comes online. Additionally, the bill states that it is the general assembly's intent that all local taxing jurisdictions with home rule charters voluntarily use the system within a specified number of years. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 1/4/2019 Introduced In Senate - Assigned to Finance 1/22/2019 Senate Committee on Finance Refer Amended - Consent Calendar to Senate Committee of the Whole 1/25/2019 Senate Second Reading Passed with Amendments - Committee 1/28/2019 Senate Third Reading Passed - No Amendments 1/31/2019 Introduced In House - Assigned to Finance 2/11/2019 House Committee on Finance Refer Amended to Appropriations Fiscal Notes: Fiscal Note Bill Version: Pre-Amended SB19-008 Substance Use Disorder Treatment In Criminal Justice System Comment: Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Substance Use Disorder Treatment In Criminal Justice System Sponsors: K. Priola | B. Pettersen / C. Kennedy | J. Singer Summary: Opioid and Other Substance Use Disorders Study Committee. Section 1 of the bill requires the Colorado commission on criminal and juvenile justice to study and make recommendations concerning:  Alternatives to filing criminal charges against individuals with substance use disorders who have been arrested for drug-related offenses;  Best practices for investigating unlawful opioid distribution in Colorado; and  A process for automatically sealing criminal records for drug offense convictions. Section 2 of the bill requires the department of corrections (DOC) to allow medication-assisted treatment to be provided to persons who were receiving treatment in a local jail prior to being transferred to the custody of the DOC. The DOC may enter into agreements with community agencies and organizations to assist in the development and administration of medication-assisted treatment. Section 3 of the bill contains a legislative declaration that the substance abuse trend and response task force should formulate a response to current and emerging substance abuse problems from the criminal justice, prevention, and treatment sectors that includes the use of drop-off treatment services, mobile and walk-in crisis centers, and withdrawal management programs as an alternative to entry into the criminal justice system for offenders of low- level drug offenses. Section 4 of the bill directs the department of health care policy and financing to seek federal authorization under the Medicaid program for treatment of substance use disorders for persons confined in jails. Section 5 of the bill creates a simplified process for sealing convictions for level 4 drug felonies, all drug misdemeanors, and any offense committed prior to October 1, 2013, that would have been a level 4 drug felony or drug misdemeanor if committed on or after October 1, 2013. A defendant may file a motion to seal records 3 years or more after final disposition of the criminal proceedings. Conviction records may be sealed only after a hearing and upon court order. Section 6 of the bill requires jails that receive funding through the jail-based behavioral health services program to allow medication-assisted treatment to be provided to individuals in the jail. The jail may enter into agreements with community agencies and organizations to assist in the development and administration of medication-assisted treatment. Section 7 of the bill provides an appropriation, including for the following programs funded through the annual long appropriations act:  Increasing from 4 to 10 the number of the law-enforcement-assisted diversion pilot programs; and  Increasing coresponder funding for criminal justice diversion pilot programs in the office of behavioral health in the department of human services. (Note: This summary applies to this bill as introduced.) Status: 1/4/2019 Introduced In Senate - Assigned to Judiciary Fiscal Notes: Bill Version: Introduced SB19-034 Local Government Recycling Standards For Food Containers Comment: Position: Monitor Calendar Notification: Tuesday, February 26 2019 SENATE LOCAL GOVERNMENT COMMITTEE 2:00 PM SCR 354 (1) in senate calendar. Short Title: Local Government Recycling Standards For Food Containers Sponsors: D. Moreno / J. Arndt Summary: Currently, state law preempts local governments from restricting or mandating containers for any consumer products. The bill allows a local government to set a standard for a retail food establishment's use of ready-to-eat food containers that may be discarded through recycling or composting. (Note: This summary applies to this bill as introduced.) Status: 1/4/2019 Introduced In Senate - Assigned to Local Government Fiscal Notes: Fiscal Note Bill Version: Introduced SB19-053 California Motor Vehicle Emission Standards Comment: Position: Oppose Calendar Notification: Wednesday, February 13 2019 SENATE HEALTH & HUMAN SERVICES COMMITTEE Upon Adjournment LSB-B (1) in senate calendar. Short Title: California Motor Vehicle Emission Standards Sponsors: J. Cooke Summary: The bill prohibits the air quality control commission from adopting motor vehicle emission standards that are more stringent than federal standards and from adopting the California motor vehicle emission standards and test procedures unless they are the same as the federal standards. (Note: This summary applies to this bill as introduced.) Status: 1/8/2019 Introduced In Senate - Assigned to Health & Human Services Fiscal Notes: Fiscal Note Bill Version: Introduced SB19-077 Electric Motor Vehicles Public Utility Services Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Electric Motor Vehicles Public Utility Services Sponsors: K. Priola | A. Williams / C. Hansen Summary: Currently, public utilities may provide charging ports or fueling stations for motor vehicles as unregulated services. The bill authorizes public utilities to provide these services as regulated or unregulated services and allows cost recovery. The bill allows a public utility to apply to the public utilities commission (commission) to build facilities to support electric vehicles. Standards are set for approval. When a facility is built, the rates and charges for the services:  May allow a return on any investment made by a public utility at the utility's weighted average cost of capital at the utility's most recent rate of return on equity approved by the commission; and  Must be recovered from all customers of a public utility in a manner that is similar to the recovery of distribution system investments. (Note: This summary applies to this bill as introduced.) Status: 1/11/2019 Introduced In Senate - Assigned to Business, Labor, & Technology Fiscal Notes: Fiscal Note Bill Version: Introduced SB19-085 Equal Pay For Equal Work Act Comment: Position: Monitor Calendar Notification: Wednesday, February 20 2019 SENATE JUDICIARY COMMITTEE 1:30 PM SCR 352 (1) in senate calendar. Short Title: Equal Pay For Equal Work Act Sponsors: J. Danielson | B. Pettersen / J. Buckner | S. Gonzales-Gutierrez Summary: The bill removes the authority of the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce wage discrimination complaints based on an employee's sex and instead permits an aggrieved person to bring a civil action in district court to pursue remedies specified in the bill. The bill allows exceptions to the prohibition against a wage differential based on sex if the employer demonstrates that a wage differential is based upon one or more factors, including:  A seniority system;  A merit system; or  A system that measures earnings by quantity or quality of production. The bill prohibits an employer from:  Seeking the wage rate history of a prospective employee;  Relying on a prior wage rate to determine a wage rate;  Discriminating or retaliating against a prospective employee for failing to disclose the employee's wage rate history; and  Discharging or retaliating against an employee for actions by an employee asserting the rights established by the bill against an employer. The bill requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. The director is authorized to enforce actions against an employer concerning transparency in pay and employment opportunities, including fines of between $500 and $10,000 per violation. (Note: This summary applies to this bill as introduced.) Status: 1/17/2019 Introduced In Senate - Assigned to Judiciary Fiscal Notes: Fiscal Note Bill Version: Introduced SB19-096 Collect Long-term Climate Change Data Comment: Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Collect Long-term Climate Change Data Sponsors: K. Donovan / C. Hansen Summary: The bill requires the air quality control commission in the department of public health and environment to collect greenhouse gas emissions data from greenhouse gas-emitting entities, report on the data, including a forecast of future emissions, and propose a draft rule to address the emissions by July 1, 2020. (Note: This summary applies to this bill as introduced.) Status: 1/23/2019 Introduced In Senate - Assigned to Transportation & Energy Fiscal Notes: Bill Version: Introduced 1/4/2019 Introduced In Senate - Assigned to Judiciary SB19- 034 Monitor Tuesday, February 26 2019 SENATE LOCAL GOVERNMENT COMMITTEE 2:00 PM SCR 354 (1) in senate calendar. Local Government Recycling Standards For Food Containers D. Moreno / J. Arndt 1/4/2019 Introduced In Senate - Assigned to Local Government SB19- 053 Oppose Wednesday, February 13 2019 SENATE HEALTH & HUMAN SERVICES COMMITTEE Upon Adjournment LSB-B (1) in senate calendar. California Motor Vehicle Emission Standards J. Cooke 1/8/2019 Introduced In Senate - Assigned to Health & Human Services SB19- 077 Monitor NOT ON CALENDAR Electric Motor Vehicles Public Utility Services K. Priola | A. Williams / C. Hansen 1/11/2019 Introduced In Senate - Assigned to Business, Labor, & Technology SECOND READING OF BILLS (27) in house calendar. Colorado Energy Impact Assistance Act C. Hansen 2/11/2019 House Committee on Energy & Environment Refer Amended to House Committee of the Whole HB19- 1076 Monitor Wednesday, February 20 2019 Health & Insurance 1:30 p.m. Room 0107 (2) in house calendar. Clean Indoor Air Act Add E-cigarettes Remove Exceptions D. Michaelson Jenet | C. Larson / K. Priola | K. Donovan 1/11/2019 Introduced In House - Assigned to Health & Insurance HB19- 1086 Oppose NOT ON CALENDAR Plumbing Inspections Ensure Compliance M. Duran 1/14/2019 Introduced In House - Assigned to Business Affairs & Labor HB19- Oppose Tuesday, February 26 2019 Colorado Right To Rest J. Melton 1/14/2019 Introduced In House - Assigned to